IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7510 of 2009()
1. GIRIJA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.R.V.SREEJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :29/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7510 of 2009
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Dated this the 29th day of January, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is accused No.1 in
Crime No.463/2009 of Palode Police Station.
2. The offence alleged against the petitioner is under
Section 420 read with Section 34 of the Indian Penal Code.
3. The second accused is the husband of the first accused.
He is working abroad. The prosecution case is that promising job
to the de facto complainant at Dubai Airport, a sum of Rs.
1,15,000/- was received by the accused persons. The amount was
paid to the first accused on behalf of accused No.2 as well. Though
visa was arranged and the de facto complainant went abroad, he
did not get the job which was offered, and therefore, he came back
to India. The de facto complainant filed a complaint before the
Court of the Judicial Magistrate of the First Class-1, Nedumangad,
which was forwarded to the police for investigation under Section
156(3) of the Code of Criminal Procedure. The Crime was
accordingly registered.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
B.A. No. 7510 of 2009 2
5. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of the arrest of the
petitioner, the officer in charge of the police station shall release
her on bail on her executing bond for Rs. 15,000/- with two
solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
A) The petitioner shall appear before the
investigating officer for interrogation as and when
required;
B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
C) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail.
D) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
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